Académique Documents
Professionnel Documents
Culture Documents
No. 04-1290
Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling. Frederick P. Stamp, Jr.,
District Judge. (CA-03-108-5)
Submitted:
October 8, 2004
Decided:
December 3, 2004
PER CURIAM:
James Kuthy appeals a decision of the district court
denying his motion to remand and granting summary judgment against
him on grounds of preemption.
long
struggle
with
non-Hodgkins
lymphoma,
Kuthy
Appellees
that
Kuthys
claims
were
completely
preempted
by
the
summary
judgment
in
favor
of
Appellees.2
Kuthy
now
appeals.
II.
Congress clearly expressed an intent that the civil
enforcement provisions of ERISA 502(a) be the exclusive vehicle
for actions by ERISA-plan participants and beneficiaries asserting
improper processing of a claim for benefits.
v. Dedeaux, 481 U.S. 41, 52 (1987).
(1) the
law,
i.e.,
an
ERISA-governed
employee
benefit
plan.
Sonoco Prods. Co. v. Physicians Health Plan, Inc., 338 F.3d 366,
372
(4th
omitted).
Cir.
2003)
(internal
quotation
marks
&
alterations
his
wifes
estate,
is
Carelink/Coventry plan.
participant
or
beneficiary
of
the
Claims
that
challenge
an
insurance
companys
claims
stemmed
from
Id. at 2493.
their
insurance
Because the
companies
recommended
by
Appellees
decision
deny
to
his
wifes
coverage
treating
was
based
physician.
upon
their
experimental treatments.
scope of ERISA.
Finally, it is unquestioned that Kuthys insurance plan
is an ERISA-governed plan.
Sonoco
Prods.
Co.
are
met,
we
hold
that
Kuthys
claims
are
was properly denied, see Davila, 124 S. Ct. at 2495, and summary
judgment in favor of Appellees was appropriate.
III.
For the reasons stated above, we affirm the judgment of
the district court.
AFFIRMED